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Message
re: Legal question about the Florida Disney world tragedy
Posted on 6/16/16 at 11:26 am to Cooter Davenport
Posted on 6/16/16 at 11:26 am to Cooter Davenport
quote:
The standard that will be applied will be reasonableness. What would a reasonable persona assume is meant by that? It depends. Seeing as how they created an inviting beach on down to the water, a reasonable person may assume that it is okay to wade, but not to actually swim out into the lake.
I can't imagine the stupid jury selection questions that will be asked of the jury pool should it go to trial for the award amount.
1
Posted on 6/16/16 at 11:33 am to roadGator
It will never go to trial.
Posted on 6/16/16 at 11:40 am to Gris Gris
It could go to trial even if Disney admits responsibility.
It depends on whether or not the family agrees to the settlement amount. They could go to trial for the amount alone.
It wouldn't be advisable.
I just don't know, as a parent, how I could put a number on my son's life.
I'd like to think I would just tell Disney to invest that money in safety so that no one else goes through this tragic accident again.
It depends on whether or not the family agrees to the settlement amount. They could go to trial for the amount alone.
It wouldn't be advisable.
I just don't know, as a parent, how I could put a number on my son's life.
I'd like to think I would just tell Disney to invest that money in safety so that no one else goes through this tragic accident again.
Posted on 6/16/16 at 11:42 am to TechDawg2007
a million? 
More like 10 million. Disney will pay pretty much anything to avoid the spectacle of a trial. Hell they might pay twenty mil. Any suggestion of contributory negligence on the parents' part will fall on absolute deaf ears to a Florida jury -- especially the lack of any signage other than, "no swimming." Are you kidding me? "No swimming." That's it? With friggin 7 foot gators prowling the beach?
More like 10 million. Disney will pay pretty much anything to avoid the spectacle of a trial. Hell they might pay twenty mil. Any suggestion of contributory negligence on the parents' part will fall on absolute deaf ears to a Florida jury -- especially the lack of any signage other than, "no swimming." Are you kidding me? "No swimming." That's it? With friggin 7 foot gators prowling the beach?
Posted on 6/16/16 at 11:43 am to roadGator
quote:
I just don't know, as a parent, how I could put a number on my son's life.
when a loved one dies as a result of shortfalls, you'd have a better understanding about the dynamics.
its not the same as dindu nuffins suing people for gain......
these people could take that settlement and improve the siblings life as well as make better impacts on others through a variety of ways.
Posted on 6/16/16 at 11:44 am to roadGator
quote:
I'd like to think I would just tell Disney to invest that money in safety so that no one else goes through this tragic accident again
That will happen independently of any settlement
Posted on 6/16/16 at 12:06 pm to roadGator
The parents will not want to go to trial either. They will not want to relive this, have to see the child's body put up for the public to view, listen to the coroner talk about the body, be cross examined about why they allowed the child to go near the water etc... Disney will pay and will offer an amount acceptable to the family.
No, there is no amount of money which would be enough to exchange for the life of this child, but see my earlier post on taking care of the family and ensuring they can afford and receive treatment for the mental and emotional and, probably physical results from going through this tragedy. Hopefully, they are able to muster up incentive to keep the family whole and try to get through this with professional help such that they and their other child can get through life.
No, there is no amount of money which would be enough to exchange for the life of this child, but see my earlier post on taking care of the family and ensuring they can afford and receive treatment for the mental and emotional and, probably physical results from going through this tragedy. Hopefully, they are able to muster up incentive to keep the family whole and try to get through this with professional help such that they and their other child can get through life.
Posted on 6/16/16 at 12:11 pm to Gris Gris
quote:
No, there is no amount of money which would be enough to exchange for the life of this child, but see my earlier post on taking care of the family and ensuring they can afford and receive treatment for the mental and emotional and, probably physical results from going through this tragedy. Hopefully, they are able to muster up incentive to keep the family whole and try to get through this with professional help such that they and their other child can get through life
bingo....but, que the asshats who will now be critics on what its worth.
The high value is the punishment for poor planning on Disney's part. Period.
This event could (and may) destroy this little family.
Posted on 6/16/16 at 12:12 pm to TechDawg2007
I wonder how much Disney could have done to keep gators away from beaches with 100 million dollars.
Posted on 6/16/16 at 1:07 pm to Pilot Tiger
quote:
they'll sue and Disney will settle
Why? It is the parents fault that their child died. They took their eyes off the kid and let a gator drown him.
Posted on 6/16/16 at 1:10 pm to TechDawg2007
No lawsuit. Disney will offer many times more than the family would ever receive in court. This is one of the few times that a defendant will actively try to avoid the PR hit of a lawsuit. Many people think a lawsuit is something a company wants to avoid so badly that they will rush to settle. This is normally not true....but this case may prove to be an exception.
Posted on 6/16/16 at 1:22 pm to Barrister
this is still better than someone dying on a ride or because a terrorist got in and massacred people. Form a PR standpoint, I don't think Disney takes much heat for this, it's for the most part a circumstance they would never predict or mostly out of their control. That's like putting up signs that says "Beware of Lightning" or beaches "Beware of Sharks". Everyone knows they are there and assumes some of the risk of mother nature's wrath.
Posted on 6/16/16 at 1:23 pm to LOL
Disney has shareholders and insurance adjusters who will NOT let this big a settlement. I would not be shocked if it fell in the $10-12 million range but we will never know the amount
Posted on 6/16/16 at 1:23 pm to DJ3K
Damn you're an idiot. It is in no way the parents fault
Posted on 6/16/16 at 1:26 pm to airfernando
quote:
I wonder how much Disney could have done to keep gators away from beaches with 100 million dollars.
It sounds like Disney was doing quite a bit to try to keep gators out of the lagoon by removing them regularly. How regularly, I do not know, but it's been widely reported that they do remove them WHEN THEY ARE SPOTTED. I don't know if they do sweeps to find them or whether they are under and obligation to do so. I don't think this case turns on that since they actively removed them unless they didn't do enough, perhaps.
This case is about reasonable warnings in my mind. This took place on an attractive man made beach on which Disney held activities like the movie watching at night, beach chairs placed on the beach not too far from the water and a sign that apparently only says "no swimming please" based on the reports. There were no warnings of any danger do to gators. There are pictures as indicated in this thread of children playing near the water and getting water for their buckets from the lagoon to play in the sand etc... It's not about warning people of every type of danger associated with the lagoon or the area as some have suggested which is an outrageous argument and a failure. A simple sign warning of danger in the lagoon to stay away from the water should suffice and not include any "please" which suggests it's not a demand but a request. A weak request.
Posted on 6/16/16 at 1:29 pm to DJ3K
quote:
Why? It is the parents fault that their child died. They took their eyes off the kid and let a gator drown him.
Oh my, I don't mean to insult you, but your post is pitiful. By the way, they saw the gator grab him. They had to have been watching him to see that.
Posted on 6/16/16 at 1:34 pm to Gris Gris
You will be excluded by the defense team during jury selection. Probably one of their first outs.
Posted on 6/16/16 at 1:37 pm to roadGator
You're right, although I would listen to the entire case before making a decision if I were on the jury in case facts were presented about which I wasn't aware previously.
Posted on 6/16/16 at 1:42 pm to Chad504boy
Will settle
Even without warning signs for alligators they still had enough warning out there to stay out of the water. It will never go to trial
Even without warning signs for alligators they still had enough warning out there to stay out of the water. It will never go to trial
Posted on 6/16/16 at 1:42 pm to Gris Gris
quote:
It's not about warning people of every type of danger associated with the lagoon or the area
Of course it is. There were signs, and people say they weren't good enough for this possibility.
quote:
A simple sign warning of danger in the lagoon to stay away from the water should suffice and not include any "please" which suggests it's not a demand but a request. A weak request.
That isn't what the signs in the area said.
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